Delaware Code Title 24 Sec. 5203 – Board of Examiners of Nursing Home Administrators; appointments; …
(a) There is created a State Board of Examiners of Nursing Home Administrators, which shall administer and enforce this chapter.
Terms Used In Delaware Code Title 24 Sec. 5203
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: shall mean the State Board of Examiners of Nursing Home Administrators established in this chapter. See Delaware Code Title 24 Sec. 5202
- Division: shall mean the State Division of Professional Regulation. See Delaware Code Title 24 Sec. 5202
- Nursing home: shall mean any licensed residential health facility for aged, infirm, chronically ill or convalescent persons, excluding neighborhood homes and group homes licensed by the Division of Health Care Quality, that provides shelter and food to more than 4 persons who:
- Nursing home administrator: shall mean the individual licensed under this chapter to practice nursing home administration. See Delaware Code Title 24 Sec. 5202
- Person: shall mean an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company, and any other legal entity and includes a legal successor of those entities. See Delaware Code Title 24 Sec. 5202
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- State: shall mean the State of Delaware. See Delaware Code Title 24 Sec. 5202
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) The Board shall consist of 9 members, appointed by the Governor, who are residents of this State:
(1) Three nursing home administrators licensed under this chapter;
(2) Two nonadministrator from a profession concerned with the care of chronically ill and infirm, aged persons; and
(3) Four public members.
(c) Except as provided in subsection (e) of this section, each member shall serve a term of 3 years, and may succeed himself or herself for 1 additional term; provided, however, that if a member was initially appointed to fill a vacancy, such member may succeed himself or herself for only 1 additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment; however, the Board member shall remain eligible to participate in Board proceedings unless and until replaced by the Governor.
(d) The public members shall not be, nor ever have been, nursing home administrators, nor members of the immediate family of a nursing home administrator; shall not have been employed by a nursing home, nursing home administrator, or a company engaged in the practice of administering nursing homes; shall not have a material interest in the providing of goods and services to nursing homes; nor have been engaged in an activity directly related to nursing home administration. The public members shall be accessible to inquiries, comments and suggestions from the general public.
(e) A person, who has never served on the Board, may be appointed to the Board for 2 consecutive terms; but no such person shall thereafter be eligible for 2 consecutive appointments. No person, who has been twice appointed to the Board or who has served on the Board for 6 years within any 9-year period, shall again be appointed to the Board until an interim period of at least 1 term has expired since such person last served.
(f) Any act or vote by a person appointed in violation of this section shall be invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (d) of this section, unless such an amendment or revision amends this section to permit such an appointment.
(g) The Governor may suspend or remove a member of the Board for misfeasance, nonfeasance, malfeasance, misconduct, incompetence, or neglect of duty. A Board member may appeal any suspension or removal to the Superior Court.
(h) No member of the Board, while serving on the Board, shall hold a leadership position in any professional association representing nursing home administrators, or serve as head of a political action committee (PAC) for any professional association representing nursing home administrators.
(i) The provisions set forth in Chapter 58 of Title 29 shall apply to all members of the Board.
(j) Any member, who is absent without adequate reason for 3 consecutive meetings, or who fails to attend at least half of all regular business meetings during any calendar year, shall be guilty of neglect of duty.
(k) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, § 9.
(l) A member subject to disciplinary proceedings shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded.
64 Del. Laws, c. 159, § ?2; 67 Del. Laws, c. 366, § ?17; 67 Del. Laws, c. 368, § ?27; 70 Del. Laws, c. 186, § ?1; 74 Del. Laws, c. 262, § ?95; 76 Del. Laws, c. 89, § ?1; 81 Del. Laws, c. 85, § 27;